Court Below: United States Court of Appeals for the Ninth CircuitCitation: 226 F3d 1031Supreme Court Docket

Darin L. Muehler, et al. v. Iris Mena 544 U.S. 93 (2005)

Question Presented:

1. Whether, in light of this Court's repeated holdings that mere police questioning does not constitute a seizure, the Ninth Circuit erred in ruling that law enforcement officers who have lawfully detained an individual pursuant to a valid search warrant engage in an additional, unconstitutional "seizure" if they ask that person questions about criminal activity without probable cause to believe that the person is or has engaged in such activity. 2. Whether, in light of this Court's ruling in Michigan v. Summers, 452 U.S. 692 (1981), that a valid search warrant carries with it the implicit authority to detain occupants while the search is conducted, the Ninth Circuit erred in ruling that a two to three hour detention of the occupant of a suspected gang safe-house while officers searched for concealed weapons and other evidence of a gang-related drive-by shooting was unconstitutional because the occupant was initially detained at gunpoint and handcuffed for the duration of the search.

Question:

(1) Did police violate the Fourth Amendment right to be free from unreasonable seizure by detaining Mena in handcuffs for 2-3 they executed a search warrant for contraband on the premises she occupied? (2) Did police violate the Fourth Amendment by questioning Mena about her immigration status during the detention?